HELP there taking me to court!!

supakid

hi.... i dont know what a cca is and i don't have a default letter they have just sent me a letter telling me

"as you have failed to make repayments on the above account we have now issued litigation proceedings in the county court. you will receive the claim form in the next 48 hours direct from the court. you can telephone us on and discuss this case with your account manager..

if judgment is entered against you and remains unsatisfied it remain on the judgment register for six years and you may have difficulties obtaining future credit."

NorthernLas

I 'googled' county court judgements there is clear info on http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083 about the process. You have some time but you need to fill in the form they send.

Answer RAS' questions as they will help you with filling the form out.

supakid

hi nothing has happened i come out of uni no job so i stopped paying the card... debt got passed around i made no contact with anyone .( this is not my only debt ).. bryan carter started sending me letters yellow cards etc... i want to become debt free when i started working so i started making payments this is the debt i wanted to work on next but they got to me first i have only contacted them once as i said for a low !!!!!! which the rejected... above is the letter they have sent me today and its dated for the 23rd which was Friday...

RAS

supakid

The rules are that if a creditor wants to take you to court, they have to have certain legal documents in place. If these are requested but not produced in court, the judge will throw the case.

This is why was asked if you had a copy of the Consumer Credit agreement that you signed when you took out the store card (before April 2007 by the sounds of it) and the default letter.

if BC have not already sent you a defualt letter, they cannot take you to court.

Which is why we need to know what has happened.

supakid

shall i send them a letter offering payment end of march or is this letter not just a threat?

supakid

what would a default letter say? i don't think i have one also i don't think i have the CCA either.

RAS

if you are intending to pay this debt off shortly, what you need is breathing space. Even if they send court papers, you can get that, if you act quickly.

1. Send a CCA request because until they satisfy this, they cannot take you to court.

2. if they send the court papers, then send a SAR request.

3. Acknowledge the court papers as that give you time to lodge a defence. Then ask for the case to be referred to your local court.

That will mean that the case does not go for court for 3-4months.

Even if you got a CCj, if you pay it within the first month, you can get it removed from your credit record.

supakid

who would i send the cca request to? argos or Bryan carter do i just send a letter like this.. i found it on here


Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.



I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully

RAS

Bryan Carter, with the £1 fee and regsitered post so that you can check it has been delivered.

Until they produce it, they cannot win a court case and this version allows you to defend on the basis of unfair fees and charges.

supakid

so i send that first how do i send the pound as i don't have a cheque book or anything...